The proposed General Assembly Committee Bill No. 6280 establishes a Climate Superfund Cost Recovery Program under the Department of Energy and Environmental Protection, set to take effect on July 1, 2025. This program aims to secure compensatory payments from responsible parties—entities significantly contributing to greenhouse gas emissions—to fund climate change adaptation projects. The bill defines key terms related to these projects, which include infrastructure upgrades, nature-based solutions, and public health initiatives. It also outlines the criteria for identifying responsible parties based on their emissions and mandates that entities within a controlled group be treated as a single entity for liability purposes.
Key provisions of the bill include the creation of a fund to support climate adaptation projects, the strict liability of responsible parties for their share of costs, and the establishment of a structured payment system for cost recovery demands. Responsible parties must pay the demand within six months, with the option to pay in nine annual installments. The fund will be financed through cost recovery payments, appropriations, and donations, and can only be used for qualified projects and administrative expenses. The bill also requires the Department to report on the program's feasibility and progress by February 15, 2026, and mandates evaluations by state auditors every five years starting January 1, 2031. Overall, the bill seeks to enhance the state's capacity to address climate change impacts through structured funding and accountability measures.